If you’ve been injured and are considering a personal injury claim against a government entity in New Hampshire, you’re probably feeling overwhelmed and unsure of where to turn next. You might have questions like how to proceed, what the process involves, or whether your case is even worth pursuing. We understand how confusing and stressful this situation can be, especially when it feels like the odds are stacked against you.
At Tenn and Tenn, PA, we are here to help you navigate the legal system and fight for the compensation you deserve. With years of experience handling personal injury cases, we know how to deal with the unique challenges of suing a government entity. Our goal is to provide you with the clarity and guidance you need during this difficult time.
James J. Tenn, Jr.
Attorney
Mary Elizabeth Tenn
Attorney
John J. Tenn
Attorney
Working hard to obtain the best results possible for our clients and fighting to protect their rights.
Understanding Claims Against Government Entities
When you’re injured, it’s natural to want justice. If that injury was caused by the negligence of a government entity, whether it’s a local, state, or federal agency, the process of seeking compensation can be much more complicated than a typical personal injury claim. Government entities are protected by a doctrine known as “sovereign immunity,” which essentially shields them from being sued for certain types of actions. However, there are exceptions to this rule, and understanding those exceptions is key to moving forward with your claim.
In New Hampshire, there are specific procedures you must follow if you want to file a personal injury claim against a government entity. These claims can include accidents involving government vehicles, injuries that happen on government property, or incidents caused by the actions of government employees. Because the legal process is more intricate when dealing with government entities, it’s essential to have a clear understanding of your rights and the proper steps to take.
The Notice of Claim Requirement
One of the first things you need to know about filing a claim against a government entity in New Hampshire is the importance of the notice of claim. Before you can proceed with a lawsuit, you are required to notify the government entity of your intent to file a claim. In New Hampshire, you must provide this notice within a very specific time frame, typically within 90 days of the accident or injury. Failure to submit this notice within the required time can prevent you from pursuing legal action altogether.
The notice of claim must include detailed information about the incident, such as the date, location, and circumstances of the injury, as well as the specific government agency involved. This step is essential because it allows the government entity the opportunity to review the claim and, in some cases, resolve the matter without the need for a full court trial. However, keep in mind that even though a government agency may review your claim, it doesn’t mean they will automatically agree to compensate you.
Filing a Lawsuit Against a Government Entity
If the government entity does not resolve your claim in a way that is satisfactory, you may need to file a lawsuit to move the process forward. While this may seem like an intimidating prospect, it’s important to remember that you have legal rights to pursue compensation for your injuries. However, suing a government entity is not the same as suing an individual or a private company. The government has special rules and defenses that may come into play, which is why having an attorney with experience handling claims against government entities is crucial.
In New Hampshire, the process of filing a lawsuit against a government entity follows the same basic procedure as a standard personal injury lawsuit, but with additional requirements. You’ll still need to prove that the government was negligent in causing your injury, but the defense will likely argue that they are immune from liability. As a result, you’ll need to present strong evidence and legal arguments to overcome this defense.
The Importance of Timing in Government Injury Claims
Timing is especially important when it comes to personal injury claims against government entities. As mentioned earlier, you must provide a notice of claim within a specific time frame. Beyond that, there are often strict statutes of limitations that govern how long you have to file a lawsuit after your injury occurs. In New Hampshire, the statute of limitations for most personal injury cases is three years, but for claims against government entities, this time limit can be much shorter.
For example, in cases involving state or local government entities, you may have only one year to file your claim. If you miss this deadline, you could lose your right to seek compensation for your injuries, no matter how valid your claim may be. This is another reason why it’s essential to contact an attorney as soon as possible after your injury.
What You Need to Prove in a Personal Injury Claim Against a Government Entity
As with any personal injury claim, you will need to prove that the government entity was negligent in causing your injury. However, when the defendant is a government entity, there are additional hurdles to overcome. In most cases, you will need to prove that the government was aware (or should have been aware) of a dangerous condition or a situation that could lead to injury, and that they failed to take appropriate action to address the issue.
This can include demonstrating that a government employee acted carelessly or that the government failed to maintain safe roads, sidewalks, or other public areas. In some cases, it may be necessary to show that the government entity did not properly train or supervise their employees, leading to your injury. It’s crucial to gather evidence and document the circumstances surrounding your injury to support your case.
Settlement vs. Trial
Many personal injury claims, including those involving government entities, are resolved through settlements. In fact, most cases don’t make it to trial. Government agencies often prefer to settle claims rather than engage in lengthy, expensive litigation. However, this doesn’t mean that settlements are always fair or sufficient to cover your damages. The amount you are offered in a settlement may not fully account for the physical, emotional, and financial toll the injury has taken on your life.
If a settlement offer is inadequate, it may be in your best interest to take your case to trial. Keep in mind that trials can be complex and time-consuming, especially when dealing with government entities. However, with the right legal representation, you can ensure that your case is presented in the best possible light and that your rights are protected.
Why You Need Legal Representation
Handling a personal injury claim against a government entity is far from straightforward. With the many rules, time limits, and legal hurdles involved, having an experienced attorney by your side can make all the difference. An attorney will not only ensure that you meet all the procedural requirements, but they will also help you gather and present the evidence necessary to build a strong case.
At Tenn and Tenn, PA, we understand the complexities of personal injury claims against government entities in New Hampshire. Our team is committed to helping you navigate this challenging process with confidence. We will work tirelessly to ensure that your rights are protected and that you have the best chance of securing a fair settlement or verdict.
If you’ve been injured due to the negligence of a government entity in New Hampshire, don’t hesitate to contact us. We are here to provide the support and legal expertise you need during this challenging time. Let us help you get the compensation you deserve.